"Facial tattoo" means any tattoo applied above the jawline, anterior to the ear and frontal hairline including the eyelids, eyebrows, or lips.

"Tattoo artist" means any person who creates indelible marks or decorative designs by introducing pigments beneath the surface of the skin with the aid of needles, or other devices.

[L 1990, c 285, pt of §§ 2]

321-373. Regulation of tattoo artists

(a) The department shall adopt rules under chapter 91 to implement this part. The rules shall include but not be limited to:

(1) Prohibiting the use of injections, unless administered by a physician licensed under chapter 453 or 460, or by a registered nurse licensed under chapter 457;

(2) Appropriate restrictions on topical anesthetics;

(3) Prescribing procedures and conditions for sterilization, storage of sterilized equipment, resterilization, and disposal of discarded needles and other equipment;

(4) Creating examination standards; and

(5) Fixing penalties and fines for violations of this part or any of the rules adopted by the department.

(b) The rules may provide for separate standards for facial tattoos.

[L 1990, c 285, pt of §§ 2; am L 1996, c 202, §§ 6]

321-374. License required; exemptions

(a) Except as otherwise provided by law, no person shall practice the occupation of tattoo artist in this State either gratuitously or for pay, or shall announce oneself either publicly or privately as prepared or qualified to practice that occupation without having a valid unrevoked license to do so.

(b) Physicians holding a valid unrevoked license under chapter 453 or 460 are exempt from the requirements of this part.

[L 1990, c 285, pt of §§ 2; am L 1996, c 202, §§ 7]

321-375 Examination, fees required

(a) No license shall be issued unless the applicant takes an examination as prescribed by the director and receives a passing score. No license shall be issued unless all fees required by the director have been paid.

(b) The department may contract with a professional testing service to prepare, administer, and grade the examination for licensure as a tattoo artist. For these purposes, the department may require applicants to pay the examination fee directly to the testing service.

[L 1990, c 285, pt of §§ 2]

321-376. Facial tattoos

Application of facial tattoos shall be prohibited except by a physician licensed under chapter 453 or 460, or by a tattoo artist who is under the general supervision of such a physician.

[L 1990, c 285, pt of §§ 2; am L 1996, c 202, §§ 8]

321-377. Suspension or revocation of license

The director may revoke or suspend the license of any person licensed under this part who:

(1) Is found guilty of any fraud, deceit, or misconduct in the practice of the occupation of tattoo artist; or

(2) Violates this part or any of the rules adopted by the department.

In every case where it is proposed to revoke or suspend a license, the director shall give the licensee concerned notice and a hearing. The notice shall be given in writing by registered or certified mail with return receipt requested at least fifteen days before the hearing. All hearings shall be conducted pursuant to chapter 91.

[L 1990, c 285, pt of §§ 2]

321-378. Denial of licensure; hearing.

(a) No applicant shall be licensed as a tattoo artist if:

(1) The applicant has been convicted of a crime and the basis of denial of licensure falls within the exceptionsprovided in section 831-3.1;

(2) The applicant has been declared mentally incompetent by any court and the decree has not since been dismissed; or

(3) Proceedings brought against the applicant pursuant to this section resulted in findings of any of the causes listed in subsection 321-379(b).

(b) Any person whose application for licensure has been denied shall be given notice and the opportunity for a hearing.

[L 1990, c 285, pt of §§ 2]

321-379. Discipline; complaints; grounds; proceedings; hearings

(a) The director shall have the power to revoke, limit, condition, or suspend a license as a tattoo artist and to fine or otherwise discipline a licensed tattoo artist for any violation of subsection (b).

(b) The department shall have the power to accept, investigate, prosecute, and hear complaints regarding anyperson, who is a licensed tattoo artist regarding the following allegations:

(1) Unfitness or incompetence by reason of negligence, habits, or other causes regardless of whether actual damage or damage to the public is established;

(2) Habitual intemperance, addiction, or dependency on alcohol or other habit-forming substances;

(3) Mental incompetence resulting in an inability to practice as a tattoo artist;

(4) Submitting to or filing with the department any application, notice, statement, or other document inprocuring or attempting to procure licensure as a tattoo artist, which is false or untrue or contains any materialmisstatement of fact;

(5) Using the title, licensed tattoo artist, or any designation tending to imply that the person is a licensedtattoo artist when the person is not in fact licensed or the person's license has been suspended or revoked;

(6) Violating conditions or limitations upon which licensure occurs;

(7) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm an individual or the public in the course of professional services or activities;

(8) Having disciplinary action taken against the tattoo artist in another state;

(9) Aiding or abetting an unlicensed person, knowingly combining or conspiring with an unlicensed person, allowing one's license to be used by an unlicensed person, or acting as agent or associate of an unlicensed person to evade the use of title restrictions of this part;

(10) Engaging in false or misleading advertising; or

(11) Engaging in sexual conduct in connection with professional services or activities.

(c) In any proceeding under this section the person subject to the proceeding shall be given notice and the opportunity for a hearing in conformity with chapter 91.

[L 1990, c 285, pt of §§ 2]

321-383. License without necessity of examination.

All persons holding valid licenses as tattoo artists from the department of health and practicing on the day prior to January 1, 1991 shall be considered licensed under this part on January 1, 1991 without necessity of examination.

[L 1990, c 285, pt of §§ 2]

Copyright (c) 2002 by Weil Publishing Co., Inc. All rights reserved

11-17. TATTOO ARTISTS

@ 11-17-1 Scope of rules. This chapter sets forth minimum requirementsfor the safety and protection of public health. When standards, ordinances, orrules are established by other divisions or subdivision of government, the morestringent state or county rules shall apply. [Eff. SEP 18 1981] (Auth: HRS@@ 321-10, 321-13) (Imp: HRS @ 321-13)

@ 11-17-2 Definitions. As used in these rules:

"Adequate," "approved," and "proper," mean the procedure is acceptable tothe director based on the determination as to its conformity with aseptic techniques.

"Aseptic technique" means the practice which prevent and hinder thetransmission of disease producing micro-organisms from one person or placeto another person or place.

"Department" means the department of health of the State of Hawaii.

"Director" means the director of the department of health or a dulyauthorized agent or representative.

"License" means a license issued to a tattoo artist under this chapter.

"Tattoo shop" means any premises where a tattoo artist does tattooing fora fee or for other consideration.

"Tattooing" means to mark or to color the skin by pricking and introducingsubcutaneously, non-toxic dyes, pigments, or by the production of scars toform indelible marks and figures. [Eff. SEP 18 1981] (Auth: HRS @@ 321-10,321-13) (Imp: HRS @ 321-13)

@ 11-17-3 Permit for tattoo shop; fee. (a) No person, partnership, firm,or corporation shall operate a tattoo shop unless such person, partnership,firm, or corporation has registered such shop with the department and has beenissued a permit. No permit shall be issued or renewed unless the shop has beeninspected by the director and found to be in compliance with the requirements ofthis chapter.

(b) The permit shall be non-transferable. A valid permit shall be postedin a conspicuous place in every tattoo shop.

(c) Each application under this section shall be accompanied by a fee of$ 75 for a permit. For renewal of a permit, each applicant shall pay a fee of $ 7.50.

(d) In the event of withdrawal of an application or failure to qualifyfor a permit, the fee shall not be refunded to the applicant.

@ 11-17-4 License for tattoo artist; fee. (a) No person shall practicethe art of tattoo unless the person holds a valid tattoo license issued by thedepartment. A physician licensed to practice medicine in the State is exemptfrom this chapter.

(b) Any person desiring to engage in tattooing shall apply in writing tothe director on the form provided by the department for this purpose. Anyapplicant who has not previously been issued a license by the director shall berequired to pass a written examination before a license may be issued. The applicantshall be required to show by examination a knowledge of the provisions ofthis chapter including knowledge of bacteriology and aseptic techniques to assurethat infection and contagious disease shall not be transmitted by tattoo practices.

(c) No license shall be issued or renewed unless the applicant hasundergone a physical examination using report forms provided by the department. Theexamination shall include a chest x-ray or tuberculin skin test, and a bloodtest for syphilis. The physical examination record shall be kept on file inthe tattoo shop by the permit holder.

(d) Each applicant shall pay an examination fee of $ 75 for the initiallicense. For renewals of this license, the applicant shall pay a fee of $ 7.50.

(e) In the event the applicant fails to qualify for a license or forrenewal, that fee shall not be refunded to the applicant.

(f) All licenses shall expire on January 31 of each year. Allapplications for renewal of a license shall be submitted on the form provided by thedepartment in writing before January 31 of each year. Delinquency shall be asprovided for in @ 321-15, HRS.

@ 11-17-5 Revocation or suspension of license or permit. (a) After duenotice and hearing the director may suspend or revoke any license or permit issuedunder this chapter for violation of the provisions of this chapter.

(b) All revocation and suspension action shall not become effective norfinal until an opportunity for a hearing has been offered the license or permitholder. All hearings shall comply with chapter 91, HRS and the department ofhealth rules of practice and procedures.

[Eff. SEP 18 1981] (Auth: HRS @@ 321-10, 321-13) (Imp: HRS @ 321-13)

@ 11-17-6 Sanitation requirements for a tattoo shop. A tattoo shop shallcomply with the following requirements in order to qualify for an operatingpermit:

(1) The owner or operator of a tattoo shop shall locate and construct theshop in areas least subjected to dust contamination.

(2) The shop shall be maintained in a sanitary condition by the owner oroperator.

(3) The walls and ceilings shall be easily clean-able, smooth, and lightcolored. All walls and ceilings shall be kept clean and in good repairs.

(4) All floors shall be of smooth non-absorbent materials and constructedso as to be easily cleanable. All floors shall be kept clean and in goodrepair.

(5) Adequate light and ventilation shall be provided.

(6) Each tattoo shop shall be provided with a sink for the exclusive useof the tattoo artist for hand washing and preparing the customers fortattooing. The sink shall be provided with adequate hot and cold running water underpressure with mixing valve or combination faucet. There shall also beavailable at the sink approved soap, clean single use towels, and refuse containers.

(7) Water closet and hand basin shall be available on the premises foruse by customers and tattoo artists. The plumbing fixtures and toilet room shall bemaintained in a sanitary condition and in good repair.

(8) Each tattoo artist shall be provided with an adequate work table andstorage cabinets. The surface of all work tables shall be constructed ofmetal or other material which is smooth, light colored, non-absorbent,corrosive-resistant, and easily cleaned.

(9) The work tables shall be located at least ten feet from observers andwaiting customers or shall be separated with a panel or other barrier whichshall be at least six feet high. The panel may be constructed with glass,solid plastic, or similar material.

(10) Approved closed cabinets for the exclusive storage of instruments,dyes, pigments, carbon, stencils, and other paraphernalia used in the shop shallbe provided for each tattoo artist.

(11) The tattoo shop shall have covered receptacles for the disposal ofwaste materials.

(12) Each tattoo artist shall have a hand brush and fingernail file whichshall be cleaned and disinfected after each use.

@ 11-17-7 Restrictions. (a) It shall be unlawful to tattoo any person whois under the influence of intoxicating substances. These substances include butshall not be limited to alcohol, drugs, paints, and glues.

(b) It shall be unlawful to tattoo any person under the age of eighteenyears without the written consent of the parents or legal guardian. All writtenconsent shall be kept on file in the tattoo shop.

(c) No person with any disease in a communicable form or suspected ofhaving such disease shall engage in tattooing. Such diseases may include but shallnot be limited to the common cold, influenza, tuberculosis, scabies, impetigo,syphilis, chickenpox, measles (rubeola), German measles (rubella), mumps,whooping cough, hepatitis, infection on hands or arms, sore throat orjaundice. The director may require a certificate signed by a duly licensed physicianstating that the tattoo artist is free from communicable disease beforereturning to work. [Eff. SEP 18 1981] (Auth: HRS @@ 321-10, 321-13) (Imp:HRS @ 321-13)

@ 11-17-8 Equipment. Not less than twenty-four sets of sterilized needlesand tubes or tips shall be on hand for the entire day or night operation.Sterilization shall be done by one of the following methods:

(1) By holding in an autoclave for fifteen minutes at fifteen pounds pressure.

(2) By immersion in an approved germicidal solution for an approvedperiod of time. No rusty, dull, or faulty needles shall be used for tattooing.

@ 11-17-10 Aseptic technique. (a) Before working on a customer the tattooartists shall cleanse their hands in the following manner:

(1) Thoroughly scrub hands and fingernails with soap and a hand brush;

(2) Rinse hands under warm running water;

(3) Rinse hands in an approved antiseptic solution such as seventy per centalcohol; and

(4) Hands may be dried with clean single use towels or other approved handdrying device;

(b) The area of the customer's skin to be tattooed shall be prepared by:

(1) Washing with warm water and approved soap. A sterile handbrush shall beused to produce a clean skin area;

(2) Shaving shall be done with a sterile razor blade; and

(3) The shaved area shall be thoroughly cleansed with warm water andapproved soap.

(c) Before placing the design on the customer's skin, the tattoo artistshall treat the skin area with seventy per cent alcohol or other approvedgermicidal solution which shall be applied with sterile cotton or sterile gauze.

(d) Only petroleum jelly shall be applied to the area to be tattooed andit shall be in collapsible metal or plastic tubes. The application may bespread by the use of sterile gauze but not directly with the fingers.

(e) The stencil for transferring the design to the skin shall bethoroughly cleansed and rinsed in an approved germicidal solution and dried withsterile gauze.

(f) Single-service or individual portion of dyes or pigments insterilized containers or single-service containers shall be used for each customer.After tattooing, the remaining unused dye or pigments in the single-service orindividual containers shall be discarded.

(g) As the tattoo operation progresses, any excess dye or pigment appliedto the skin shall be removed with sterile material.

(h) The completed tattoo shall be washed with a piece of sterile materialsaturated with an approved germicidal solution. Antibiotic ointmentregistered under United States Pharmacopoeia or National Formulary shall be appliedfrom a collapsible metal or plastic tube and the entire area covered with a pieceof sterile dressing, which may in turn be covered with a piece of tissue, andfasten to the site with an approved type of adhesive.

(i) Immediately after tattooing, the tattoo artist shall advise thecustomer on the care of the tattoo and instruct the customer to consult a physicianat the first sign of infection. [Eff. SEP 18 1981] (Auth: HRS @@ 321-10,321-13) (Imp: HRS @ 321-13)

@ 11-17-11 Minimum operating standards. (a) The tattoo artist shall usestandards of aseptic technique in tattooing, dressing, and other operationsthat are approved by the director.

(b) The tattoo artist shall use only supplies and equipment approved bythe director.

(3) The branch of service, rate or rank, and serial number of the customer ifin the armed forces.

(4) The design and location of the tattoo.

(5) The name of the tattoo artist.

(6) The signature of the customer.

(b) The information required in subsection (a) shall be permanently recorded,in ink or indelible pencil, in a bound book kept solely for this purpose.This book shall be available at reasonable hours for examination by the directorand shall be kept in the tattoo shop for two years from the date of last entry.

(c) Written consents for persons under eighteen years of age shall bekept on file for two years in the tattoo shop. [Eff. SEP 18 1981] (Auth: HRS @@321-10, 321-13) (Imp: HRS @ 321-13)

@ 11-17-13 Penalty. (a) Any person who shall knowingly or wilfully makeany false statement to the department relative to any matter under this chapteror who violates any provision of this chapter shall be guilty of a misdemeanorand, upon conviction, shall be punished by a fine of not more than $ 500 orimprisonment for not more than one year or both.

(b) Any person convicted under this section shall have the license andpermit suspended for one year.

[Eff. SEP 18 1981] (Auth: HRS @@ 321-10, 321-13) (Imp: HRS @ 321-18)

@ 11-17-14 Severability. Should any section, paragraph, sentence, clause,phrase or application of this chapter be declared unconstitutional orinvalid for any reason, the remainder or any other application of this chapter shallnot be affected. [Eff. SEP 18 1981] (Auth: HRS @@ 321-10, 321-13) (Imp: HRS @ 321-13)

To All Tattoo Artists:

AUGUST 2000

Hawaii Revised Statutes (HRS) §321‑376 provider, that "application of facial tattoos shall be prohibited except by a physician licensed Under chapter 453 or by a tattoo artist who is under the general supervision of such a physician."

"Facial tattoos* includes any tattooing done on the human face and are not limited to cosmetic tattoos, "General supervision" means that a tattoo artist has a formal association with a physician whereby the tattoo artist and physician agree in writing to an association that dictates each party's functions and responsibilities. "General supervision", does not require the physical presence of the supervising physician,

Pursuant to HRS §321‑376 and the above‑ referenced interpretation of this statute. the Department of Health (department) is requiring all tattoo artists who apply facial tattoos to provide to the department a written statement from the tattoo artists supervising physician verifying their work relationship. This statement shall be submitted on the enclosed form and submitted with the license renewal application.

Such written verification shall be submitted to the department prior to any change of the supervising physician and for each biennial renewal of a tattoo artist's license, If you practice facial tattooing without the general supervision of a physician as provided in HRS §321‑376, you are in violation of the law and the department may deny, suspend, or revoke your tattoo artist license and may assess a fine of not less than $100.00 or more then $5,000.00 for each offense,

Sincerely,Brian J, J. Choi, Program Manager, Sanitation Branch

1019 THE SENATE S.B. NO. TWENTIETH LEGISLATURE, 1999 STATE OF HAWAII

11 SECTION 3. Section 321-13, Hawaii Revised Statutes, is 12 amended by amending subsection (a) to read as follows: 13 "(a) The department of health, with the approval of the 14 governor, may prescribe such rules as it deems necessary for the 15 public health or safety respecting: 16 (1) The occupations or practices of laboratory directors, 17 laboratory technologists, laboratory supervisors, 18 laboratory technicians, tattoo artists, [sanitarians, 19 asbestos inspectors, asbestos management planners, 20 asbestos abatement project designers, lead inspectors, 21 lead risk assessors, lead abatement workers, lead 22 abatement supervisors, and lead abatement project 23 designers;] and environmental health professionals; a HTH-2(99) Page 8 1137 H.B. NO. 1 (2) The health, education, training, experience, habits, 2 qualifications, or character of persons to whom 3 certificates of registration or permits for these 4 occupations or practices may be issued; 5 (3) The health, habits, character, practices, standards, or 6 conduct of persons holding these certificates or 7 permits; or 8 (4) The grounds or causes for revoking or suspending these 9 certificates or permits. 10 The rules shall have the force and effect of law." 11 SECTION 4. Section 321-15, Hawaii Revised Statutes, is 12 amended by amending the title and subsection (a) to read as 13 follows: 14 "§321-15 [Annual] Biennial registration; fees, failure to 15 register.(a) Every person holding a license to practice any 16 occupation specified in section 321-13(a)(1) shall reregister 17 with the department of health[,] every other year in accordance 18 with the rules of the department, before February 1 [of each 19 year] except where superseded by federal law, and shall pay a 20 reregistration fee. The failure, neglect, or refusal of any 21 person holding such a license to reregister or pay the 22 reregistration fee, after thirty days of delinquency, shall 23 constitute a forfeiture of the person's license; provided that a HTH-2(99) Page 9 1137 H.B. NO. 1 the license shall be restored upon written application therefor 2 together with a payment of all delinquent fees and an additional 3 late reregistration fee that may be established by the director 4 of health. All fees collected pursuant to this section shall be 5 deposited into the environmental health education fund 6 established under section 321-27." 7 SECTION 5. Section 321-27, Hawaii Revised Statutes, is 8 amended by amending subsections (a) and (b) to read as follows: 9 "(a) There is established within the department of health 10 an environmental health education fund into which shall be 11 deposited all moneys collected from fees for permits, licenses, 12 inspections, various certificates, variances, investigations, and 13 reviews, pursuant to rules adopted for sections [321-11.5 and 14 321-15.] 321-11(1), (2), (3), (8), (9), (11), (14), (15), (17), 15 (18), (19), (20), and (23), 321-15, 321-375, and 321-381. 16 (b) Moneys in the fund shall be expended by the department 17 for the purpose of enhancing the capacity of environmental health 18 programs to: 19 (1) Improve public outreach efforts and consultations to 20 industries regulated; 21 (2) Educate the public, staff, and industries regulated 22 thereunder; 23 (3) Plan for future growth and expansion to meet emerging a HTH-2(99) Page 10 1137 H.B. NO. 1 needs; and 2 (4) Provide training opportunities to ensure the 3 maintenance of professional competence among 4 environmental health staff and administrators. 5 [Not more than $90,000 of the fund may be utilized during 6 any fiscal year for fund administration, including the hiring of 7 not more than two full-time equivalent personnel, and the 8 purchase of office and electronic equipment.]" 9 SECTION 6. Statutory material to be repealed is bracketed. 10 New statutory material is underscored. 11 SECTION 7. This Act shall take effect upon its approval. 12 13 INTRODUCED BY: _______________________ a HTH-2(99)

1139 HOUSE OF REPRESENTATIVES H.B. NO. TWENTIETH LEGISLATURE, 1999 STATE OF HAWAII ________________________________________________________________ ________________________________________________________________ A BILL FOR AN ACT RELATING TO CLINICAL LABORATORY PERSONNEL. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Section 321-13, Hawaii Revised Statutes, is 2 amended by amending subsection (a) to read as follows: 3 "(a) The department of health, with the approval of the 4 governor, may [prescribe such] adopt rules as it deems necessary 5 for the public health or safety respecting: 6 (1) The occupations or practices of clinical laboratory 7 directors, clinical laboratory [technologists,] 8 scientists (medical technologists), clinical laboratory 9 [supervisors,] specialists, clinical laboratory 10 cytotechnologists, clinical laboratory technicians, 11 tattoo artists, sanitarians, asbestos inspectors, 12 asbestos management planners, asbestos abatement 13 project designers, lead inspectors, lead risk 14 assessors, lead abatement workers, lead abatement 15 supervisors, and lead abatement project designers; 16 (2) The health, education, training, experience, habits, 17 qualifications, or character of persons to whom 18 certificates of registration or permits for these 19 occupations or practices may be issued; a HTH-4(99) Page 2 1139 H.B. NO. 1 (3) The health, habits, character, practices, standards, or 2 conduct of persons holding these certificates or 3 permits; [or] and 4 (4) The grounds or causes for revoking or suspending these 5 certificates or permits. 6 The rules shall have the force and effect of law." 7 SECTION 2. Statutory material to be repealed is bracketed. 8 New statutory material is underscored. 9 SECTION 3. This Act shall take effect upon its approval. 10 11 INTRODUCED BY: _______________________ a HTH-4(99)

REPORT TITLE: Tattoos; Parental Consent DESCRIPTION: Requires minors to inform tattoo artists of their minority status and provide parental consent for application of any permanent tattoos. Requires tattoo artists to notify all prospective clients of need for parental consent if client is a minor and to obtain such written parental consent if client is a minor.

Facilities o Building must be clean, in good repair, have adequate lighting o Adequate ventilation required o Tattoo establishments many not be used for any non-tattoo related activities o Toilets must be provided for customers o Work area must be separate from the rest of the business, or at least separated upon request Artist Hygiene o Artists should always wash their hands before every tattoo. o Separate sink (away from the toilet facilities) must be available for artists to wash their hands o Artists must dry their hands with single use paper towels or some sort of mechanical (air) dryer o Artists with communicable diseases may not tattoo o Food, drink, and smoking not allowed in the work area o Smoking prohibited o May not tattoo in exchange for sex Equipment o Immersion in a germicidal solution as an alternative to autoclaving allowed o Use of defective, dull, or rusty equipment is banned o Disposable single-use ink containers must be used, and with any unused ink must be discarded after every customer o All dyes must be approved o Minimum number of needles and tubes must be kept on hand o Only sterilized or disposable razors allowed o Covered waste containers required o Special storage cabinets for tattooing materials required o Tattooing materials may not be stored in the restroom. Procedures o Facial tattoos may only be done by licensed physicians o Injection of chemicals into the skin by tattoo artists to remove tattoos is illegal o Customers must be sober o Signed consent forms required o Parental consent forms required for minors o Artists must keep records on every customer for at least 2 years o Oral care instructions required o Acetate stencils must be sanitized